Legal Opinion

Lynn v. Baltimore & Ohio Railroad

Court of Appeals of Maryland

Decided June 21, 1883PublishedCited by 44 opinions

Appeal from the Circuit Court for Allegany County. The case is stated, in the opinion of the Court. Exception. — At the trial the plaintiff offered the three following prayers: 1. That if the jury find the contract offered in evidence .was made by the parties to this cause, and that if.

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Appeal from the Circuit Court for Allegany County. The case is stated, in the opinion of the Court. Exception. — At the trial the plaintiff offered the three following prayers: 1. That if the jury find the contract offered in evidence .was made by the parties to this cause, and that if. S. Hill appointed Mr. Legge to inspect the ice offered by the plaintiff, and said Legge thereafter left Cumberland and appointed Mr. Wilson to inspect samples offered by the plaintiff in his absence and send the same to Mr. Hill in Baltimore — then, that the decision of Wilson and Hill, or either of them, is…

1Opinion of the CourtMillek, J.

This action was brought by the appellant against the appellee, to recover damages for breach of a written agreement by which the plaintiff engaged to furnish a certain quantity of ice to the defendant for the use of its road generally, and for its hotel in Cumberland. The contract is embodied in a letter from N. S. Hill, the general purchasing agent of the company, to the plaintiff, dated the 7th of December, 1880, which contains this provision: “The ice to be good, clear, solid stock, not less than six inches thick, clear of snow, and subject to the inspection and approval of an agent of the…

2Cases cited3 opinions

  1. Whelan v. CookCourt of Appeals of Maryland · 1868
  2. Baltimore & Ohio Rail Road v. ResleyCourt of Appeals of Maryland · 1854
  3. Wilson v. York & Maryland Line Rail RoadCourt of Appeals of Maryland · 1839

3Cited by44 opinions

  1. Connell v. HigginsCalifornia Supreme Court · 1915
  2. Baltimore & Ohio Railroad v. Brydon ex rel. DavisCourt of Appeals of Maryland · 1886
  3. Laurel Race Course, Inc. v. Regal Construction Co.Court of Appeals of Maryland · 1975
  4. Livesley v. JohnstonOregon Supreme Court · 1904
  5. Bolton Corp. v. T. A. Loving Co.Court of Appeals of North Carolina · 1989

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